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FiveStarLaw
FiveStarLaw, Attorney
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I have a labor law question. This is a florida labor issue.

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I have a labor law question. This is a florida labor issue. I have a friend who works for a non profit. She feels that she is being forced to quit her job. She just had her hours cut for supposedly not doing her job correctly . She was never given a job description, employee hand book or any safety training as she works with animals. They cut her hours and gave those hours to someone else. She wonders how she can do her job with out knowing the rules and regs. They did not warn her or do a write up on her just slashed her hours for not doing her job. They are trying to force her to quit. She has no idea who even her immediate supervisor is as board members seem to run the place.

She feels she is owed OT. they told her to prove it. I told her I think they have to provide the time sheets that she filled out and signed ,not her. Who has the burden of

proof ?

Does she have a number of labor issues that she should get an atty ?
Submitted: 2 years ago.
Category: Legal
Expert:  FiveStarLaw replied 2 years ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


Welcome,

It is my goal to deliver information in five-star manner.

I am a Florida licensed attorney but I am not your attorney. The law does not allow me to provide legal advice or form an attorney-client relationship on this public forum.

If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.

Since your friend does not have a written employment contract, your friend appears to be an employee at will. Unfortunately an employee at will may have her hours cut, pay reduced or be terminated at any time. The employer does not require a reason to do so. The employer may even discharge the employee for a mistaken reason

Here is how it works.

Absent a written agreement to the contrary, an employee can be treated differently or discriminated against for any reason, as long as the reason is not prohibited by law.
Federal laws prohibit employment discrimination on the grounds of race, religion, sex, national origin, age, disability,past, current, or future military obligations, FMLA usage or filing a workers compensation claim.


I think this is what you wanted to know. Please let me know if I have answered your question
Customer: replied 2 years ago.
even if she had no idea of job description what her duties are and no employee handbook?

What about the OT she feels she is owed

thanks
Expert:  FiveStarLaw replied 2 years ago.
even if she had no idea of job description what her duties are and no employee handbook?
Unfortunately yes - an employeee at will works at the whim of the employer

What about the OT she feels she is owed

Your friend may file suit against her employer to recover unpaid wages. If the amount in controversy is $5000 or less, she may file an small claims court without an attorney. If she retains an attorney and prevails in her action, she would be entitled to collect attorneys fees

Florida does not have a specific State agency that handles wage laws however your friend may file a complaint with the Florida Attorney General's Office at this link:
http://myfloridalegal.com/Contact.nsf/Contact

Once your friend introduces evidence of having worked overtime, the burden of proof will shift to the employer to prove that she did not work overtime


I think this is what you wanted to know. Please let me know if I have answered your question
FiveStarLaw, Attorney
Category: Legal
Satisfied Customers: 36518
Experience: 25 years of experience helping people like you.
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